The Unconstitutionality of Summary Judgment: A Status Report

Abstract:     
Summary judgment is unconstitutional. This symposium article summarizes this thesis, which was first set forth in Why Summary Judgment Is Unconstitutional published by the Virginia Law Review. This article also describes the attention that the thesis has begun to receive in the federal courts and in media.

Keywords: summary judgment, Seventh Amendment, jury, trial, civil procedure, Fidelity & Deposit Company, judgment as a matter of law, judgment notwithstanding the verdict, directed verdict, common law, originalism, demurrer to the evidence, Celotex, Anderson, Liberty Lobby, Parklane, Redman, Galloway, Slocum

JEL Classifications: J7, K40, K41

Accepted Paper Series